Hawkeye Bank v. State

CARTER, Justice.

The State appeals from an adverse judgment in a tort claim action brought by the personal representative of Jessica Smith, a child who died in a playground accident at the Iowa School for the Deaf on March 1, 1989. The State contends that the district court erred in submitting the case to the jury on a theory of res ipsa loquitur and further erred in submitting certain specific grounds of negligence. Because we agree with both of these contentions, we reverse the judgment of the district court and remand the case for a new trial on all issues.

Jessica Smith, age six, attended…